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The Committee and the Mayor discussed the importance of disseminating the information <br /> regarding the legislation, assuming it passes. The Mayor is planning a press release, social media <br /> posts, and a community conversation that is in the works. She invited all councilmembers to help <br /> spread the word within their networks as well. <br /> In response to questions from Councilmember Kepple, the administration expressed certainty <br /> that the penalty for failing to wear a mask under the Governor's order is in fact a criminal one. <br /> Mayor George expressed reluctance for giving someone a criminal record for the offense. <br /> Director Corrigan provided assurance that a resolution is an appropriate vehicle because it is <br /> temporary in nature. Director Corrigan further clarified that the Lakewood mask mandate will be <br /> in place until the expiration of the State of Ohio public health order requiring masks. <br /> In response to questions by Councilmember Kepple, the administration clarified how <br /> enforcement of overcrowding and social distancing will take place as proposed by Section 6. of <br /> the substitute resolution. The legislation proposes using the Chapter 510 Nuisance Abatement <br /> process. After a third offense a business could see a $400-$600 rine, and possibly more. <br /> Councilmember Kepple expressed concern that the stated penalties may not be enough to <br /> dissuade a business from complying, especially since these fines may not reflect a lot of money <br /> to a larger business. <br /> Safety forces and law provided assurances that the City has additional enforcement authority not <br /> written into this legislation. For example, Chief Dunphy stated that there are penalties for failing <br /> to cooperate with a direct order of the fire marshal. He explained the department's experiences <br /> dispersing crowds at bars by orders music stopped and drinks not to be served. He explained that <br /> ultimately the enforcement is meant to be cooperative with the business owner. <br /> Acting Chief Wilkins stated that since July 2, 2020 the City has done about 16 bar checks per <br /> weekend using police body cams. She stated that most establishments have been very receptive <br /> and that compared to other municipalities that Lakewood is being very proactive. <br /> Councilmember Shachner questioned if it was appropriate for the City to de-criminalize <br /> something that the state has determined to be a crime, such as failure to wear a mask in this case. <br /> Director Corrigan acknowledged that de-criminalizing failure to wear a mask could potentially <br /> be challenged but that he feels the City is on solid ground. He noted that other municipal mask <br /> mandates are written in this way. <br /> Councilmember Shachner expressed concern that the proposed penalties in the nuisance chapter <br /> would not sufficiently deter violators. He reflected on the hardships facing restaurants and <br /> businesses and suggested that many may feel incentives to serve as many customers as possible <br /> to make up for tough losses, keep employees and sustain their business. He suggested a penalty <br /> in the range of$3,500 - $5,000. <br /> Mayor George responded that the City doesn't have a lot of enforcement options and that this <br /> section of the resolution has been unchanged from the version originally proposed. <br /> 2 <br />